Is Your Green Card Expiring Soon? Don’t File the Wrong Form for Renewal!

If your green card is about to expire, it’s crucial to understand which form to file for the green card renewal process. Filing the wrong form can lead to denials, costly delays, and complications. Here are some tips to consider as you navigate the green card renewal process.

Types of Green Card Renewals and Their Forms

1. Two-Year Green Card for Conditional Residence

• A two-year green card is issued to certain immigrants who gain conditional residence. This often applies to those who obtained their green card through marriage to a U.S. citizen or permanent resident when they were married for less than two years at the time the green card was granted.
• To renew this type of green card, you must file Form I-751 (Petition to Remove Conditions on Residence). Failing to file this form correctly can lead to an expensive delay and even jeopardize your immigration status.

2. Ten-Year Green Card for Permanent Residence

• The ten-year green card is issued to individuals with permanent residence, often through employment-based or certain family-based immigration pathways (other than marriage-based cases for those married less than two years).
• For these green cards, the appropriate form is Form I-90 (Application to Replace Permanent Resident Card).

3. Green Card Replacement Requirement for Minors

• If a child received a green card before age 14, they must file Form I-90 upon turning 14 to replace their green card.

Important Considerations When Filing Form I-751

If you hold a two-year conditional green card, Form I-751 must be filed to remove the conditions on your residency. In most situations, the I-751 must be filed within 90 days before the green card expires (there are certain limited exceptions including when the couple is divorced). Filing Form I-90 instead of I-751 can cause a denial, resulting in the loss of time, money, and potentially your residency status if not corrected in time.

When submitting Form I-751, provide documentation proving the bona fide nature of your marriage. This could include:

• Photos together (especially with family & friends)
• Joint leases or mortgages
• Joint bank accounts, credit card statements, tax returns, and other financial documents
• Birth certificates for any children together
• Records of travel together

Keep in mind that the type of documentation and the amount required varies depending on your exact situation. Once you file Form I-751, you will receive a receipt notice, which extends your green card validity by 48 months past the expiration date. This notice, along with your expired green card, can serve as proof for work and travel authorization.

Green Card Renewal Process: Form I-90 for Ten-Year Green Cards

The I-90 filing process is often more straightforward than the I-751, typically requiring less documentation. However, it’s still essential to ensure that all information is accurate to avoid delays.

What to Do If You Filed the Wrong Form

Accidentally filing the wrong form is more common than you may think. Many people don’t realize the error until months later, after the I-90 application has been denied. If you’re in this situation, don’t panic—speak with an immigration lawyer as soon as possible to remedy the filing. At Sumner Immigration Law, we frequently assist clients with corrective filings and late submissions and help explain the situation to USCIS for a smooth resolution.

Additionally, depending on your eligibility, you may also be able to file the N-400 application for naturalization (citizenship) at the same time or shortly after filing the corrected paperwork.

Why Work with Sumner Immigration Law?

If you’re not already a client and are looking for a trusted team to guide you through the green card renewal process, contact us for a consultation. Our experienced, empathetic immigration lawyers in Richmond, VA, serve clients across the U.S. and globally. Schedule an appointment online, call us at 804-396-3412, or email info@sumnerimmigration.com. Learn more about our firm’s values and services by visiting our Who We Are and What Makes Us Different page.

Note: This guide does not cover conditional residence for EB-5-based green cards, which has its own process.